Commission and George D. Yeomans, Esq., appearing for the railroad companies; and proof having been taken upon said hearing and it being made to appear by the proceedings on said hearing that the complainant herein seeks to compel the defendants to repave the area between the tracks, the rails of the tracks and two reet in width outside of the tracks of the street railroad lines on Marcy avenue, between Flushing avenue and Middleton street, in the borough of Brooklyn, city and State of New York, with granite blocks laid upon a concrete foundation; and it being made to appear by said proceedings that said street being the terminal above mentioned is paved entirely across with cobbles and that the portion thereof about which complaint is made is substantially in no worse condition than the portion thereof outside of said area maintained by the municipality, and that the municipality gives no assurances as to when said portion maintained by it will be repaved; and that it would not be reasonable under these circumstances to require the defendants to repave at this time the area complained of with a better quality of material than that used by the municipality, Now, on motion of George S. Coleman, Esq., Counsel to the Commission, It is ordered. That this proceeding be and the same hereby is dismissed and that this order be filed in the office of the Commission. Nassau Electric Railroad Company.- Repair of pavement and grading of tracks on Farragut road. Hearing Order No. 189. Letter of Chairman Willcox. Extension Order No. 338. Extension Order No. 356. Final Order No. 388. Extension Order No. 439. COMPLAINT OF BIRD S. COLER, President of the Borough of Brooklyn, against NASSAU ELECTRIC RAILROAD COMPANY. Hearing Order No. 189 (see form, note 3), issued January 6th. See letter of Chairman Willcox and the opinion of Commissioner Bassett in the next preceding case but one, upon which the following final order was issued: This matter coming on upon the report of the hearing had herein on January 21, 1908, January 28, 1908, and February 4, 1908; and it appearing that the said hearing was held pursuant to Order No. 189 of this Commission, dated January 6, 1908, and returnable on the 21st day of January, 1908, and that the said order was duly served upon said Nassau Electric Railroad Company on January 7, 1908, and that the said hearing was held by and before the Commission on the matters embraced in the complaint and answer herein and in said order specified on January 21, 1908, and by adjournment duly had on January 28, 1908, and February 4, 1908, before Mr. Commissioner Bassett, presiding, Harry M. Chamberlain, Esq. appearing for the Commission, and George D. Yeomans, Esq., appearing for said railroad company; and proof having been taken upon said hearing and it being made to appear by the proceedings on said hearing that the said defendant has violated the law in failing to keep in proper repair the pavement between its tracks, the rails of its tracks and two feet in width outside of its tracks on Farragut road or Avenue F, between East Twenty-sixth street and Ocean avenue, in the borough of Brooklyn, city and State of New York, and that said area in said streets between the points named is in need of repairs, and that it is reasonable that the said company be required to repave said area with granite blocks laid upon a concrete foundation, Now, on motion of George S. Coleman, Esq., Counsel to the Commission, It is ordered: (1) That said Nassau Electric Railroad Company be and it hereby is directed and required to repave said Farragut road or Avenue F, between East Twenty-sixth street and Ocean avenue, between its tracks and the rails of its tracks and two feet in width outside of its tracks, with granite blocks laid upon a concrete foundation, in a proper and suitable manner and in such manner that the area so paved will properly conform to the grade of the street. (2) It is further ordered, That the railroad tracks of said company laid in said street, wherever below the proper grade of said street be raised to the proper grade in such manner as to prevent the ponding of water and to permit proper drainage to the catch basins. (3) It is further ordered, That said Nassau Electric Railroad Company begin the repairs above mentioned not later than the 1st day of April, 1908, and complete the same not later than the 1st day of May, 1908, and thereafter keep and maintain said pavement in as good condition as when first completed. This order shall continue in force until such time as the Public Service Commission for the First District shall otherwise order. (4) It is further ordered, That said Nassau Electric Railroad Company notify the Public Service Commission for the First District, within five (5) days after the service of this order, whether the terms of this order are accepted and will be obeyed. Upon applications of the company extension orders No. 338 and No. 356 were issued: EXTENSION ORDER No. 338. An order, No. 316, having been made herein on or about the 6th day of March, 1908, ordering and directing the Nassau Electric Railroad Company to inform the Public Service Commission for the First District, within five (5) days after service of said order, whether the terms are accepted and will be obeyed; and the said Nassau Electric Railroad Company having, on the 11th day of March, applied in writing for an extension of such time, Now, on motion made and duly seconded, It is ordered, That the time within which the Nassau Electric Railroad Company shall make answer to said Order No. 316 be, and the same hereby is, extended to and including the 17th day of March, 1908. EXTENSION ORDER No. 356. An order, No. 316, having been made herein on or about the 6th day of March, 1908, ordering and directing the Nassau Electric Railroad Company to inform the Public Service Commission for the First District, within five (5) days after service of said order, whether the terms are accepted and will be obeyed, and said time having been extended to and including the 17th day of March, 1908, by the terms of Order No. 338, entered on March 13th; and the said Nassau Electric Railroad Company having, on March 17, 1908, applied in writing for a further extension of such time, Now, on motion made and duly seconded, it is Ordered, That the time within which the Nassau Electric Railroad Company shall make answer to said Order No. 316 be, and the same hereby is, extended to and including the 24th day of March, 1908. The company moved for a resettlement of Order No. 316 on which motion a hearing was held March 24th; the following final order was issued: FINAL ORDER No. 388. This matter coming on upon the report of the rehearing had herein on the 24th day of March, 1908, and it appearing that said rehearing was had by and before the Commission on said date, before Commissioner Bassett presiding. Edward D. Candee, Esq., appearing for the complainant and George D. Yeomans, Esq., appearing for the Nassau Electric Railroad Company, Now, after the proceedings upon said rehearing and after consideration of the facts, including those arising since the making of Order No. 316, and upon the stipulation of the said parties, the Commission being of the opinion that said Order No. 316 which directed repairs to the paving on Farragut road or Avenue F, between East Twenty-sixth street and Ocean avenue, in the borough of Brooklyn, city and State of New York, should be changed and modified in certain particulars, Now, on motion of George S. Coleman, Esq., Counsel to the Commission, It is ordered, That order No. 316, issued March 6, 1908, be, and the same hereby is changed and modified so as to read as follows: ORDER No. 316. This matter coming on upon the report of the hearing had herein on January 21, 1908, January 28, and February 4 1908, and it appearing that the said hearing was held pursuant to Order No. 189 of this Commission, dated January 6, 1908, and returnable on the 21st day of January, 1908, and that the said order was duly served upon said Nassau Electric Railroad Company on January 7th, 1908, and that the said hearing was held by and before the Commission on the matters embraced in the complaint and answer herein and in said order specified on January 21, 1908, and by adjournment duly had on January 28, 1908, and February 4, 1908, before Mr. Commissioner Bassett presiding, Harry M. Chamberlain, Esq., appearing for the Commission, and George D. Yeomans, appearing for said railroad company, and proof having been taken upon said hearing and it being made to appear by the proceedings on said hearing that the said defendant had violated the law in failing to keep in proper repair the pavement between its tracks, the rails of its tracks and two feet in width outside of its tracks on Farragut road or Avenue F, between East Twenty-sixth street and Ocean avenue, in the borough of Brooklyn, city and State of New York, and that said area in said streets between the points named in need of repairs, and that it is reasonable that the said company be required to repave said area. Now, on motion of George S. Coleman, Esq., Counsel to the Commission, It is ordered: (1) That said Nassau Electric Railroad Company be and it hereby is directed and required to repave said Farragut road or Avenue F between East Twenty-sixth street and Ocean avenue, under the supervision of the president of the borough of Brooklyn, and in such manner as he may prescribe. (2) It is further ordered, That said Nassau Electric Railroad Company begin the repairs above mentioned not later than the first day of April, 1908, and complete the same not later than the first day of May, 1908, and thereafter keep and maintain said pavement in as good condition as when first completed. This order shall continue in force until such time as the Public Service Commission for the First District shall otherwise order. (3) It is further ordered, That said Nassau Electric Railroad Company notify the Public Service Commission for the First District within five (5) days after service of this order whether the terms of this order are accepted and will be obeyed. Upon application of the company the following extension order was issued: EXTENSION ORDER No. 439. April 28, 1908. An order, No. 388, having been made herein on or about the 31st day of March, 1908, ordering and directing the Nassau Electric Railroad Company to repave Farragut road between East Twenty-sixth street and Ocean avenue on or before the 1st day of May, 1908, and the said Nassau Electric Railroad Company having, on the 22nd day of April, 1908, applied in writing for an extension of such time, Now, on motion made and duly seconded, it is Ordered, That the time within which the Nassau Electric Railroad Company shall make the repairs above mentioned be, and the same hereby is, extended to and including the first day of June, 1908. Hudson and Manhattan Railroad Company.-Restoration of pavement on Sixth avenue between 14th and 23d streets. Complaint Order No. 705. COMPLAINT OF RETAIL DRY GOODS ASSOCIATION against HUDSON AND MANHATTAN RAILROAD COMPANY. Complaint Order No. 705 (see form, note 1), issued August 28th. OPINION OF COMMISSION. (Adopted September 29, 1908.) COMMISSIONER MALTBIE:— This is a complaint made by the Retail Dry Goods Association against the Hudson and Manhattan Railroad Company. The association demanded that the Commission should issue an order against the Hudson and Manhattan Railroad Company for the repaving of Sixth avenue with asphalt between Fourteenth street and Twenty-third street. After reply was made to the complaint, a hearing was fixed, at which the complainant started to present testimony to show that the repaving could be done immediately; but while the hearings were going on an arrangement was made between the complainant and the defendant whereby an order was issued by the Borough President against the Hudson and Manhattan Railroad Company, directing and authorizing this company to repave the street. The company had stated sometime previously that if such an order were issued so that it would be exempted from any responsibility therefor, it would repave immediately. This order having been issued and the work begun, the complainant asked that the complaint be dismissed. I move that a discontinuance order be issued. This matter coming on upon a report of the hearing had herein upon the 19th day of September, 1908, and it appearing that said hearing was held under and pursuant to Order No. 720 of this Commission, dated September 11, 1908, and returnable on the 19th day of September, 1908, for the purpose of bringing on for hearing certain matters contained in the complaint of the Retail Dry Goods Association with respect to the unrestored condition of Sixth avenue between Fourteenth and Twenty-third streets, and it appearing that said hearing was had by and before the Commission on matters embraced in said complaint and in said order specified, on the 19th day of September, and, by adjournment, on the 21st day of September, 1908, Mr. Commissioner Maltbie presiding, Mr. LeRoy T. Harkness, Assistant Counsel, appearing for the Commission; Mr. B. G. Pascus appearing for the Retail Dry Goods Association, and Julius F. Workum, Esq., of counsel, appearing for the railroad company, and It appearing, after said hearing, that the matters complained of in the complaint above mentioned have been satisfied to the satisfaction of the complainants herein, Now, on motion made and duly seconded, it is, Resolved. That the proceedings herein be, and the same hereby are, discontinued And it is further Resolved, That this action of the Commission shall be without prejudice to the issuance of an order for further or additional hearings or action thereon by the Commission in respect to any of the matters covered by said complaint or said order for hearing or the proceedings thereon. HIGH TENSION SYSTEMS. Long Island Railroad Company High tension wires. [Communication from Commissioner of Water Supply, Gas and Electricity regarding the construction of high tension wire in Long Island City by the Long Island Railroad Company does not state any cause for the Commission taking action.] See foot note, page 9. Commissioner Eustis presented the following report in answer to the communication of November 30, 1908, from John H. O'Brien, Commissioner of Water Supply, Gas and Electricity, regarding the construction of a high tension line in Long Island City by the Long Island Railroad Company, copies of which were ordered sent to Commissioner O'Brien, and to the Long Island Railroad Company: REPORT OF COMMISSIONER EUSTIS. In the matter of the protest of John H. O'Brien, Commissioner of Water Supply, Gas and Electricity, against the Long Island Railroad Company for building a high tension line through its Sunnyside yards, referred to me, I beg to make the following report: The Commissioner of Water Supply, Gas and Electricity makes three separate allegations against the Long Island Railroad Company: (1) That they are building a high tension line through the Sunnyside yards without a permit from his department. (2) They are violating section 528 of the New York Charter in that they intend crossing viaducts used as streets with their construction over the Sunnyside yards. (3) He calls attention to the general criticism of the present construction of this road as more dangerous than that of the New York Central Railroad construction, as stated in the decision of this Commission in the New York Central case. The present high tension line of the Long Island Railroad Company extends along the northerly side of its Sunnyside yards from Dutchkill street to Woodside avenue, from which point the line follows the main tracks of the railroad. The proposed change by the railroad company is to remove this high tension line from the side of its yard, and run down the centre of its property along the side of its main track. being done without a permit. The claim is made by the Commissioner that this is received from the Commissioner of Water Supply, Gas and Electricity, dated The railroad company have submitted a permit December 27, 1905, and numbered 13,418. present line was constructed by the company. By its terms it grants permission It was under this permit that the to the Long Island Railroad Company to erect a pole line on their right of way between Dutchkill street and Glendale Junction, and string wires thereon. does not say in what part of its right of way the poles shall be erected or the wires strung, and the railroad company take the position that this permit is lt ample and sufficient to warrant the moving of the first line that it constructed thereunder further within the lines of its own property. whether the permit was sufficient or not could only be determined after long litigation, which would make it a matter for the Commissioner of Water Supply, If not, the fact as to Gas and Electricity to take to the Corporation Counsel, as there is no claim made at the present time that the changing of the line makes it less adequate or more dangerous. As to the violation of section 528 of the Charter, which reads: "No electrical conductors shall be constructed, laid or maintained above or below the surface of any street, avenue. highway or other public place, in any part of said city, without permission in writing from said Commissioner therefor." if the construction of the property is not covered by the permit already issued by the Commissioner of new line through the centre of the company's Water Supply, Gas and Electricity, then it is certainly a matter for the Commissioner himself to act upon, as a violation of this section over which the city of New York has absolute control. As to the reference in his communication that the construction of the high tension line of the Long Island railroad was more dangerous than that of the New York Central, I would say that the portion of the high tension line of the Long Island railroad referred to in the decision of this Commission in the New York Central case was not that portion now under consideration, but referred to the line lying farther to the eastward, where the line is constructed on wooden poles, and the adjacent property is open and there is no protection between the railroad's right of way and the abutting property. Island Railroad Company's high tension construction is similar to that of the New York Central, and I do not see that there is anything this Commission can This portion of the Long do in the matter of the protest unless the Commissioner desires to make a complaint on the ground that the new line will be inadequate or dangerous. should deem it best to make such complaint, then this Commission could grant him a hearing and hear the evidence. If he ground and of the plans of the two lines, it appears that the new line is shorter But from a brief examination on than the old, and also that when all of the streets that are laid down on the the map are opened the present line will cross a great many more streets than the proposed new line, and that the new line is to be built upon the same general lines of construction. December 11, 1908, |